Layton homeowner takes plea deal in shooting at alleged burglars

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  • jbericks highland, UT
    Feb. 16, 2013 4:59 p.m.

    What has been omited is he did not fire at the criminal, he fired a warning shot into the air in hopes of startling the criminal from fleeing while police cars were driving down the street. That is why he took the plea bargin of firing a shoot across a road, because it was not aimed with intent to harm.

  • JoeBlow Far East USA, SC
    Feb. 14, 2013 3:52 p.m.

    I think the issue here is that the guy was heading away.

    Hard to say that ones life is in danger when the guy is running in the opposite direction

  • My2Cents Taylorsville, UT
    Feb. 14, 2013 3:03 a.m.

    The laws definition of deadly force is a breach of our rights to defend and protect property and persons being threatened. It seems to be an assumptive that this home invasion and home owner was a mind reader about the intent of the invader. How does anyone know the intention of invasion? That is where the law has gone wrong with its definition and interpretation of our right to defend personal lives and livelihood and country.

    Anytime anyone in or on the property of a home, is at their own risk. Every citizen has right to use deadly force to prevent theft and injury with in their safe zone. Deadly force and kill is a right when under attack of theft or injury and we don't have to risk our lives to allow crime or criminals to threaten us.

    We all know law enforcment and injustice system treats theft and endangerment as nuisance crimes they do not want to deal with, any threat is life threatening by law and statute.

    Theft must have a higher ranking defensible right, and I won't hesitate to save my life or property inside or outside my home as an inalienable Constitutional right.

  • The Deuce Livermore, CA
    Feb. 13, 2013 11:21 p.m.

    Based on the information presented here, there is only one way to resolve this type of issue. Make sure there is only one story, and that story is yours.

  • The Judge Kaysville, UT
    Feb. 13, 2013 10:04 p.m.

    Meanwhile, the two burglars Neiderhauser didn't capture continue to roam free. Hey Clare, how 'bout coming over and catching the guys that stole my snowblower yesterday? Seems like you're more effective at catching burglars than the cops.

  • JoeBlow Far East USA, SC
    Feb. 13, 2013 2:39 p.m.

    Wow Emajor,

    Quite the additional information. Maybe this article should have rehashed what really happened.
    The additional info certainly helps. Thanks,

    Shouldn't all CCP holders have to complete a course regarding the use of deadly force?

  • Emajor Ogden, UT
    Feb. 13, 2013 9:14 a.m.

    Watch Dog,
    This article glosses over the details of what happened, but earlier articles are more thorough. Reading them will clear up the misconceptions you have about the case.

    The mistake of the property owner was firing a gun when the burglars were running & driving away from him and off his property. He wasn't being threatened, so he had no legal justification to shoot. He isn't a police officer. 911 was a VERY viable option; Mr. Niederhauser dialed it & held the burglar at gunpoint in his front yard until the police arrived. That was legal, and the right thing to do. But the burglar ran away after the police arrived, and that is when the homeowner fired his second shot. That part was illegal, and rightfully so. The burglar is facing far more serious charges than the homeowner.

    I'm glad Mr. Niederhauser was able to plea his charges down. His actions may have been illegal and dangerous to others in the neighborhood, but he didn't wildly empty his gun in all directions and I frankly don't know how rational I would be if I came home to find an intruder exiting my front door.

  • Watch Dog Provo, UT
    Feb. 13, 2013 8:55 a.m.

    The "first" crime (burglary) is the ONLY one that should be considered. If a cop catches you coming out of a bank after robbing it, he is free to shoot you if you won't surrender. Is the mistake here of the defender of his property simply not telling the bad guy to surrender? Maybe. If not, that should be the extent of his charges. Calling 911 really is NOT a viable option, for they take 30 minutes to show up on the scene.

    It will be interesting to see if the burglar gets convicted!

  • xscribe Colorado Springs, CO
    Feb. 13, 2013 7:57 a.m.

    I don't think anyone is overlooking what happened first. If it's the law you don't like, then lobby to change the wording of the law. However, this person broke the law as written!

    TSFY: Some would argue, myself included, that speeding is inherently dangerous and life-threatening, and that there should be stronger enforcement of traffic laws and much stiffer fines, so those of us who actually obey the traffic laws feel safe at staying within the speed limit, without someone tailgating us and feeling the need to beat us to the next red light!

  • blazefan01 west jordan, UT
    Feb. 13, 2013 6:51 a.m.

    Layton city is joke anyway.

  • yankees27 Heber, Utah
    Feb. 13, 2013 12:56 a.m.

    So the burglars only tried to burgle the home right? And since this guy missed on his shot, he only tried to use deadly force, in fact he didn't use deadly force at all. I don't agree with his actions, as they make all gun owners look bad at this turbulent time. However, those who are downplaying the fact that this guy was violated FIRST, are off base. I'm using the argument that had these crooks not made the decision to commit a crime in the first place, this man would never had to have chosen whether or not to get his gun. It's amazing to me that we are so willing to overlook what happened FIRST.

  • mrjj69 bountiful, UT
    Feb. 12, 2013 11:23 p.m.

    anyone who has taken a course on the use of deadly force knows he plainly violated the law. the burglars did not use deadly force, there fore he had NO right to use deadly force against them. he should have dialed 911 instead of playing cops and robbers..lucky no one was injured or killed, or he'd be facing a muder charge.

  • MajMarine Salt Lake City, UT
    Feb. 12, 2013 10:23 p.m.

    Oh, good grief, tsfy. Speeding tickets are tossed out all the time. Heck, drunk driving is given a slap on the wrist. No, in point of fact, you are not too smart for us.

  • toosmartforyou Farmington, UT
    Feb. 12, 2013 9:14 p.m.

    I'm glad we can plea bargin a charge from actions that could have potentially injured or killed another person into a slap on the wrist but we make sure and exact 100% of any fine for something really important, like a speeding ticket where no one was in any danger and nothing in question except the revenue stream to the Court and the City.